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15 judgments · newest first · showing 1–15
The petitioners, operating a restaurant, sought a writ of mandamus to compel the Brihan Mumbai Municipal Corporation (BMC) to disclose a notice and to set aside the BMC's decision not to renew their health licence (No. 887304980). They argued that the refusal was based on a private dispute over …
The landlord filed an eviction suit in 1983 under the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 alleging arrears of rent. Both the Trial Court and the Appellate Court dismissed the suit because the tenant, after a court direction, deposited rent regularly in court and cleared all …
The petitioners, who are directors of Blue Star Ltd., challenged a criminal process issued against them by a Metropolitan Magistrate based on a complaint filed by the Municipal Corporation of Greater Mumbai alleging that they had installed an 8‑foot by 3‑foot glow sign board displaying "BLUE STAR …
The Municipal Corporation of Greater Mumbai demolished the superstructures of a chawl on land owned by the heirs of Dattatray Angare and occupied by eleven tenants, citing road‑widening requirements. The Bombay High Court ordered that the owners be allowed to apply for Transferable Development …
The Supreme Court examined challenges to the Maharashtra Prohibition of Obscene Dance Act, 2016 and its Rules, which regulate dance performances in hotels, restaurants and bar rooms. Petitioners argued that provisions defining "obscene dance", licensing restrictions, punitive measures for tips, and …
The appellants, who were occupying a flat in Bombay as a gratuitous licensee, were evicted by a decree of the Small Causes Court under s.41(1) of the Presidency Small Causes Courts Act, 1882 (as amended by the Maharashtra Act of 1976). They appealed, arguing that the term "licensee" in the statute …
Al Champdany Industries Limited purchased the assets of a company in liquidation. After the sale was confirmed, Bhatpara Municipality claimed arrears of property tax for periods before the sale and sought payment from the purchaser. The High Court held that the sale terms "as is where is" imposed a …
The New India Co‑op Housing Society Ltd. (appellant) expelled a lessee (respondent No.2) for constructing a building in violation of clause 3(6) of the 1973 lease deed, which required a written NOC from the society before any structural alteration. The lessee proceeded with an amended plan without …
The Supreme Court examined the long‑standing dispute over the regulation of street hawkers in Mumbai, arising from a draft scheme prepared by the Bombay Municipal Corporation that sought to designate hawking and non‑hawking zones and to regulate licences. The Court affirmed that hawkers enjoy the …
The Municipal Corporation of Greater Mumbai reassessed the rateable value of land belonging to Kamla Mills Ltd. after the company demolished old structures and began constructing a new building. The corporation treated the land as "under construction" and raised its rateable value based on market …
The Municipal Corporation of Greater Bombay acquired lease‑hold land of the respondents under Section 126 of the Maharashtra Regional and Town Planning (MRTP) Act, relying on a 1972 notification that the land was earmarked for extending a sewage purification plant. Before the acquisition proceedings …
G.P. Volkart Ltd. had obtained municipal approval to construct a 30‑storey building with an FSI of 2.45. After the Bombay Metropolitan Region Development Act, 1974 came into force, the Metropolitan Authority rejected the application within the statutory 60‑day period, prompting the company to appeal …
Pratibha Co‑operative Housing Society Ltd. constructed eight unauthorized floors in a 36‑storey building, exceeding the permissible Floor Space Index (FSI) by about 24,000 sq ft. The Bombay Municipal Corporation issued a show‑cause notice and ordered demolition of the upper eight floors, which the …
The landlord sought eviction of a shop tenant under Section 13(1)(c) of the Bombay Rent, Hotel and Lodging House Rates Control Act, 1947, alleging that the tenant had been convicted of using the premises for illegal purposes. The tenant, who ran a sweet‑meats and farsan shop, had three convictions …
The Supreme Court examined a public‑interest litigation concerning a plot of land in Andheri reserved for a BEST bus depot under the development plan. The BEST Committee approved a scheme to construct two commercial buildings on part of the plot, generating a non‑refundable premium for the …
